The United States Supreme Court is preparing to remove the right to abortion

The United States Supreme Court, with a conservative majority, is preparing for repeal the historic Roe vs. Wade ruling, which has held the right to abortion in the country since 1973, according to draft majority opinion announced Monday Politician.

The draft, written by Judge Samuel Alito, is from February and rotate inside the court. The fact that it is leaked – is the first time with this—Shows how controversial this topic is and all the controversy it will cause.

The draft, which is the opinion of the majority, is a absolute and unwavering rejection from the 1973 decision guaranteeing federal constitutional protections of abortion rights and a subsequent decision in 1992 – Planned Parenthood v. Casey – which further maintains correctness.

“Roe made a big mistake from the beginning, “Alito wrote.

“We believe Roe and Casey should be overruled,” he wrote in the document, labeled “Court Opinion”. “It is time to pay attention to the Constitution and return the issue of abortion to the elected representatives of the people,” according to a document published by Politico.

Deliberations on controversial cases have been smooth in the past. Judges can change, and sometimes, their votes as draft opinions rotate, and key decisions can be subject to multiple draft and negotiation votes, sometimes up to several days before a decision is issued. The court’s decision it will not be final until it is publishedlikely next two months.

Unpublished leak in judicial history

But it’s an issue that this Court, which has had a conservative majority since former President Donald Trump tipped the balance, is already dealing with. placing two magistrates.

The immediate effect of the decision is put end the half -century guarantee of constitutional protection of the right to abortion and allow each state to decide whether to restrict or prohibit it. A) Yes, each state can make its own decisions about abortion.

Roe’s undo will almost immediately lead to stricter restrictions on access to abortion in large parts. south and midwestwith nearly half of the states ready to impose immediately broad ban on abortion. Any state can still legally allow the procedure.

no project of the decision in the modern history of the court is revealed to the public while a case is still pending, so Politico’s scoop is of great importance. The revelation without the preceding ones it intends to intensify the debate on what is already the most controversial case in this session of the Court.

The draft opinion offers an extraordinary window into deliberations of judges in one of the most important cases before the court in the past five decades.

Some Court experts predicted that the conservative majority would cut off abortion rights without indirectly reversing a 49-year precedent. The draft shows that the court wants to go further and is seeking to deny the logic and legal protection of the decision.

A person familiar with the Court’s deliberations told Politico that four of the other justices appointed by the Republicans, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, they voted for Alito at the conference held between the judges after hearing oral arguments in December, and that the lineup remains unchanged starting this week.

The three judges appointed by democratsStephen Breyer, Sonia Sotomayor and Elena Kagan, are working on one or more conflicts. It is unclear how Chief Justice John Roberts will vote, and whether he will participate in a written opinion or draft his own opinion.

If the draft is adopted, the Court will rule in favor of Mississippi, which is trying to ban most abortions. after 15 weeks of pregnancy.

The Court did not comment on the draft, which experts consider as real. The draft opinion has 98 pages, including a 31-page appendix to landmark state abortion laws. The document is full of citations to previous court decisions, books, and other authorities, and includes 118 footnotes.

The disclosure of Alito’s draft majority opinion, a Extraordinary violation of the secrecy of the Supreme Court and the tradition of secrecy in its deliberations, came as all sides to the abortion debate were preparing for leadership. Speculation about the upcoming decision has become intense as oral arguments in December indicated that the majority were inclined to support Mississippi law.

“The inevitable conclusion is that the right to abortion is not deep -rooted in the history and tradition of the Country ”, wrote Alito.

Alito’s bias against Roe and the endorsement of at least four other magistrates for that relentless criticism is also a measure of the Court’s shift to the right in recent decades. Roe was decided 7-2 in 1973, with five Republican appointees joining two justices appointed by Democratic presidents.

“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion,” the draft says, concluding: “Roe and Casey they were proud of that authority. We are reversing those decisions and returning that authority to the people and their elected representatives. “

DS